Note: Larceny by extortion is
defined as first degree larceny in § 53a-122 (a) (1) regardless of the nature or
value of the property.

The defendant is charged [in count __]
with larceny by extortion in the first degree. The statute defining this
offense reads in pertinent part as follows:

a person obtains property by
extortion when (he/she) compels or induces another person to deliver such
property to (himself/herself) or a third person by means of instilling in
(him/her) a fear that, if the property is not so delivered, the actor or another
will <insert appropriate subsection:>

§ 53a-119 (5)
(A): cause physical injury to some person in the future.

§ 53a-119 (5)
(B): cause damage to property.

§ 53a-119 (5)
(C): engage in other conduct constituting a crime.

§ 53a-119 (5)
(D): accuse some person of a crime or cause criminal charges to be
instituted against (him/her).

§ 53a-119 (5)
(E): expose a secret or publicize an asserted fact, whether true or false,
tending to subject some person to hatred, contempt or ridicule.

§ 53a-119 (5)
(F): cause a strike, boycott or other collective labor group action
injurious to some person's business.1

§ 53a-119 (5)
(H): use or abuse (his/her) position as a public servant by performing some
act within or related to (his/her) official duties, or by failing or refusing to
perform an official duty, in such manner as to affect some person adversely.

§ 53a-119 (5)
(I): inflict any harm that would not benefit the defendant.

For you to find the defendant guilty
of this charge, the state must prove the following elements beyond a reasonable
doubt:

Element 1 - Obtained property of anotherThe first element is that the
defendant obtained the property of another.

"Obtaining"
property includes, but is not limited to, bringing about the transfer of a legal
interest in the property from the owner to the defendant or to a third person.
If the legal title or ownership of the property or some legal interest in the
property is transferred, such a transfer would constitute "obtaining" under the
statute. The property does not need to be physically obtained. If the owner
delivered the property intending to transfer legal ownership or some legal
interest in the property, sufficient transfer would have occurred.

"Property"
includes any (money / personal property / real property / thing in action /
evidence of debt or contract / article of value of any kind). [Commodities of a
public utility, such as gas, electricity, steam and water also constitute
property.]

"Owner"
means not only the true or lawful owner, but any person who has a superior right
to that of the defendant.

Element 2 - By extortionThe second element is that the
defendant compelled or induced the person to deliver the property or service by
instilling fear. Extortion means that the defendant instilled in <insert
name of person> a fear that if the property was not turned over, the
defendant or another person would <insert as appropriate:>

§ 53a-119 (5)
(A): cause physical injury to some person in the future. "Physical
injury" means impairment of physical condition or pain. It is a reduced
ability to act as one would otherwise have acted. The law does not require that
the injury be serious. It may be minor.

§ 53a-119 (5)
(B): cause damage to property.

§ 53a-119 (5)
(C): engage in other conduct constituting a crime.

§ 53a-119 (5)
(D): accuse some person of a crime or cause criminal charges to be
instituted against (him/her).

§ 53a-119 (5)
(E): expose a secret or publicize an asserted fact, whether true or false,
tending to subject some person to hatred, contempt or ridicule.

§ 53a-119 (5)
(F): cause a strike, boycott or other collective labor group action
injurious to some person's business.

§ 53a-119 (5)
(H): use or abuse (his/her) position as a public servant by performing some
act within or related to (his/her) official duties, or by failing or refusing to
perform an official duty, in such manner as to affect some person adversely.

§ 53a-119 (5)
(I): inflict any harm that would not benefit the defendant.

The state alleges that the defendant <describe
the alleged acts of extortion.> The state must prove that the threat or the
act of extortion compelled or induced the person to turn over the property.

Element 3 - Larcenous IntentThe third element is that at the time
the defendant obtained the property, (he/she) intended to <insert as
appropriate:>

deprive the owner
of (his/her) property.

appropriate the
property to (himself / herself) or a third person.

<See
Larceny, Instruction 9.1-1, for a full explanation of this element.>

Conclusion

In summary, the state must prove
beyond a reasonable doubt that the defendant 1) obtained property from <insert
name of person>, 2) (he/she) did so by <describe alleged acts of
extortion>, and 3) (he/she) intended to (permanently deprive the owner of
(his/her) property / permanently appropriate the property to (himself / herself)
or a third person).

If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of
larceny in the first degree by extortion, then you shall find the defendant
guilty. On the other hand, if you unanimously find that the state has failed to
prove beyond a reasonable doubt any of the elements, you shall then find the
defendant not guilty.
_______________________________________________________

1
This subsection includes the following exception: "except that such a threat
shall not be deemed extortion when the property is demanded or received for the
benefit of the group in whose interest the actor purports to act."